TwistDX Ltd & Ors v Armes & Ors (PRACTICE AND PROCEDURE) [2024] EAT 45 (12 April 2024)

TwistDX Ltd & Ors v Armes & Ors (PRACTICE AND PROCEDURE) [2024] EAT 45 (12 April 2024)

The Employment Tribunal did not err in law in refusing to strike out claims against Abbott Laboratories and US-based individuals, as the claimants' case on international jurisdiction was reasonably arguable under the Recast Brussels Regulation. The Tribunal failed to give sufficient reasons for refusing to strike out claims against two UK-based individuals, requiring reconsideration.

Citation
[2024] EAT 45
Parties
Appellants: TwistDX Limited and Others; Respondents: Dr N Armes and Others
Jurisdiction
United Kingdom
Judgment Date
12 April 2024
Procedural Posture
Employment Appeal Tribunal / Appeal Against Refusal to Strike Out Claims
Outcome
Appeal dismissed in respect of US company and US individuals; remitted for reconsideration regarding UK individuals.
Legal Topics
Strike Out Applications, Protected Disclosures, Health and Safety Dismissal, Sex Discrimination, Jurisdiction Under Recast Brussels Regulation, Agency Liability
Employment Law International Jurisdiction Practice and Procedure Strike Out Applications Protected Disclosures Health and Safety Dismissal Sex Discrimination Jurisdiction Under Recast Brussels Regulation +1 more

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Parties

TwistDX Limited and Others

Appellants

Dr N Armes and Others

Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal Against Refusal to Strike Out Claims

Legal Issues

  1. 1 Whether the Employment Tribunal has international jurisdiction over claims against a US company and US-based individuals
  2. 2 Whether claims against UK-based individuals should be struck out for lack of reasonable cause of action
  3. 3 Adequacy of reasons given by Employment Judge for refusing strike out

Ratio Decidendi

The Employment Tribunal did not err in law in refusing to strike out claims against Abbott Laboratories and US-based individuals, as the claimants' case on international jurisdiction was reasonably arguable under the Recast Brussels Regulation. The Tribunal failed to give sufficient reasons for refusing to strike out claims against two UK-based individuals, requiring reconsideration.

Court Disposition

Appeal dismissed in respect of US company and US individuals; remitted for reconsideration regarding UK individuals.

Orders

  • Claims against Abbott Laboratories and US individuals not struck out;
  • Claims against two UK individuals remitted for reconsideration before same Employment Tribunal if possible.